The prosecutor's appeal is dismissed.

1. According to the statements of witnesses G and the statements of the victim and the defendant in the summary of the grounds for appeal, it is recognized that the defendant used the victim as stated in the facts charged in this case.

Nevertheless, the judgment of the court below which acquitted the facts charged is erroneous and has affected the conclusion of the judgment.

2. Determination

A. The lower court, based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, proven that the Defendant committed assault against the victim E without reasonable doubt.

On the ground that it is difficult to view the instant facts charged, the lower court acquitted the Defendant.

At the court of the court below, the witness G used three of four persons, including A, to assault the victim, and read one, and talked to the expression "finite, finite," which is the same as that of "finite, finite," and it is not clear whether the defendant had assaulted the victim at the time.

was stated.

G Even if the investigative agency did not specify that the Defendant was in assault with A, the investigative police officer also assaulted the Defendant on the basis of G’s statement that “at the time was a dead person.”

We seem to have judged.

However, the defendant's age is less than that of A and D (1958 birth) as the 1965 birth, and there is no difference between I (1967 birth) and I (1967).

B. 1) Determination of conviction in a relevant legal doctrine ought to be based on evidence of probative value, which may lead a judge to have a conviction that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be determined even if there is a suspicion of guilt against the defendant.

In addition, the Criminal Trial Court has the nature of ex post facto trial even after the fact that it has the nature of ex post facto trial as well as the Criminal Litigation Act.